Add a bookmark

Does an employee due to take paid statutory paternity leave in an adoption situation still qualify for paternity pay if the employee leaves the employment before the leave is due to start?

An employee will qualify for statutory paternity pay only if the child has already been placed for adoption when he or she leaves the employment. Section 171ZB(2)(d) of the Social Security Contributions and Benefits Act 1992 provides that the employee must have worked for the employer for a period of not less than 26 weeks ending with the week in which the child's adopter is notified of having been matched with the child and the employee must be continually employed by that employer from that date until the child is placed for adoption.

However, where an employer brings an employment contract to an end solely, or mainly, for the purpose of avoiding liability for statutory paternity pay, it will still be liable to pay statutory paternity pay, provided that the employee was employed for a continuous period of at least eight weeks.

Get in touch

Connect with us

The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.

Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.